View Easements

Question:  My wife and I have a beautiful view of the Strait of Juan de Fuca, and just down hill from us on the adjacent property are some large trees that are just starting to grow into our view.  I mentioned it politely to my neighbor, but he kind of brushed me off by telling me he can do whatever he wants to.  Can I protect my view?

Answer:  Maybe.  Maybe not.  Take a look at your community covenants (CC&Rs).  Is there a section entitled, "View Easement," or any section which creates the right to a view?  If there is, your property would be what we call the "benefited property" and your downhill neighbor would be the "burdened property."  You could then retain an attorney to help you enforce the covenants against your neighbor.  If your CC&R's have no written view easement protection, I would ask if there is an implied easement.  An implied easement is created over a long period of time by neighbors who behave as though there is a view easement, and it becomes an enforceable agreement.  I have been involved in enforcing view easements, and assuming your have a written view easement, you may be able to get a judgment forcing your neighbor to trim the trees to protect your view.  By the way, most covenants include a provision for prevailing attorney's fees.

Submit your questions to chuckmarunde@gmail.com. 
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The following is the transcript from our KONP Radio Spots.

Hi…this is Alan Barnard and this is Chuck Marunde.  Today we look at view easements.  Sequim and Port Angeles real estate is known for having some incredible mountain and water views, but sometimes views get blocked by trees or high rooftops after someone has purchased their property.  So Chuck, what does a person do if their view is getting blocked? 

Alan, a beautiful view is often the reason a person buys a property, and can be a significant reason a property is worth so much.  A view easement is the right to an unobstructed view, whether it is the Strait of Juan de Fuca or a mountain or valley view.  This kind of easement can be created in a written instrument, or it can be created by what is known as an “implied easement.”  If you have a legal view easement, and you do nothing to enforce it, you could end up waiving it forever.    

OK Chuck, this is another one of those situations where a person needs to pay attention to what they purchase, and if a neighbor is starting to block a view, one should try to amicably resolve it. 

Exactly Alan.  As we often say here, a purchaser needs to know what they’re buying, and with respect to view easements, doing nothing to protect it, could mean giving it up forever. 

Well there you have it.  You shouldn’t get caught in this “trap for the unwary” because now you know the issue.  From Chuck and Alan  . . . until next time.